Airlines can no longer deny passengers compensation by blaming staffing shortages on “safety” concerns, the Federal Court of Appeal has ruled in a decision that strengthens passenger rights.Blacklock's Reporter says the case stemmed from a complaint by Ottawa engineer Owen Lareau, whose WestJet flight from Regina was abruptly cancelled in 2021 due to a crew shortage. He was rebooked through Calgary and arrived home 21 hours late. WestJet refused him the $1,000 owed under federal passenger protection rules, claiming the cancellation was a safety matter beyond its control..But Justice Gerald Heckman disagreed, writing that crew shortages are foreseeable and part of normal business operations. “Disruption resulting from a crew shortage should not be considered to fall within the safety category unless the carrier demonstrates the disruption could not have been reasonably prevented or was unavoidable despite proper planning,” he said.The court added that true safety-related disruptions are typically severe weather, natural disasters, war, political instability, or security threats — not an airline failing to manage its workforce. .The ruling emphasized that compensation is meant to address the “acute imbalance in market power” passengers face when dealing with airlines.Although Lareau was offered hotel and meal vouchers after being rerouted, he argued that WestJet should have anticipated staffing problems earlier instead of cancelling with less than an hour’s notice.Air Canada supported WestJet in the case, with both airlines arguing passengers should not receive payouts for disruptions tied to safety issues.
